Wadham Kenning Motor Group Ltd v Wells [1996] UKEAT 1048_95_0902 (9 February 1996)

Wadham Kenning Motor Group Ltd v Wells [1996] UKEAT 1048_95_0902 (9 February 1996)

The Tribunal correctly directed itself on the law of constructive dismissal, found a breach of the implied term of trust and confidence based on cumulative conduct before resignation, and did not rely on post-resignation events to establish the breach. There was no error of law or misdirection, and the appeal disclosed no arguable point of law.

Citation
[1996] UKEAT 1048_95_0902
Parties
Appellant: Wadham Kenning Motor Group Ltd; Respondent: Mrs Wells
Jurisdiction
United Kingdom
Judgment Date
09 February 1996
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Implied Term of Trust and Confidence
Employment Law Constructive Dismissal Unfair Dismissal Implied Term of Trust and Confidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Wadham Kenning Motor Group Ltd

Appellant

Mrs Wells

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law in finding constructive dismissal based on the facts found
  2. 2 Whether post-resignation conduct can be relied upon to establish constructive dismissal

Ratio Decidendi

The Tribunal correctly directed itself on the law of constructive dismissal, found a breach of the implied term of trust and confidence based on cumulative conduct before resignation, and did not rely on post-resignation events to establish the breach. There was no error of law or misdirection, and the appeal disclosed no arguable point of law.

Court Disposition

appeal dismissed